USCIS Receives Sufficient Number of H1B Petitions to Reach FY 2020 Regular Cap

On April 5, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of petitions to reach the 65,000 H1B visa regular cap for FY 2020 [PDF version]. The USCIS will now move to determine whether it has also received a sufficient number of petitions to reach the 20,000 H1B visa U.S. advanced degree exemption, more commonly known as the “master's cap.”

Having reached the H1B visa cap for FY 2020, the USCIS “will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings.” We discuss prohibited multiple filings in a separate article [see article].

The USCIS will, however, continue to except H1B petitions that are exempt from the FY 2020 H1B cap. For example, “[p]etitions filed for current H1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2020 H1B cap.” In addition to these petitions, the USCIS will continue to accept and process H1B petitions filed to (quoted):

• Extend the amount of time a current H1B worker may remain in the United States;
• Change the terms of employment for current H1B workers;
• Allow current H1B workers to change employers; and
• Allow current H1B workers to work concurrently in a second H1B position.

We discuss issues pertaining to the FY 2020 H1B cap filing season in a separate post which is updated regularly [see article]. To learn more about the H1B program generally, please see our growing selections of articles on work visas [see category] and AC21 [see category].

We will continue to post updates here at myattorneyusa.com on the FY 2020 H1B cap season.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

IV Processing for Venezuelan Residents Transferred to U.S. Embassy in Bogota

On February 26, 2019, the Department of State (DOS) announced that the U.S. Embassy in Caracas, Venezuela, has suspended routine visa services due to the departure of non-essential personnel from the Embassy [PDF version]. Accordingly, the DOS designated the U.S. Embassy in Bogota, Colombia, as the primary site for processing immigrant visas for residents of Venezuela. Starting in April 2019, the National Visa Center will begin scheduling Venezuelan immigrant visa interviews at the U.S. Embassy in Bogota. The National Visa Center will send appointment notices for all future visa interviews at the U.S. Embassy in Bogota for residents of Venezuela.

Residents of Venezuela may apply for nonimmigrant visas at a U.S. Embassy or Consulate outside of Venezuela.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

President Trump Formally Recognizes that the Golan Heights is Part of Israel

On March 25, 2019, President Donald Trump signed an historic Presidential Proclamation making official the United States' recognition of the Golan Heights as part of Israel. You may see the proclamation itself here: [PDF version]. You may watch a video of the signing ceremony, featuring remarks from President Trump and Israeli Prime Minister Benjamin Netanyahu, here.

Israel captured the Golan Heights from Syria in the Six-Day War in 1967 after Syria attacked. In 1981, Israel extended its laws to the Golan Heights. Shortly thereafter, the United Nations Security Council — unfortunately including the United States — unanimously voted to reject the Golan Heights Law, regardless of the fact that this rejection had no bearing on the actual facts on the ground. Now, nearly four decades later, President Trump has righted the United States' past wrong and recognized that Israel is sovereign over the Golan Heights, effectively reversing not only the position taken by the Reagan Administration in 1981, but also the positions of nine Administrations in the 52 years since Israel captured the Golan Heights in its self-defense.

The “Proclamation on Recognizing the Golan Heights as Part of the State of Israel” lists several reasons supporting President Trump's historic reversal of U.S. policy:

• Israel captured the Golan Heights in 1967 to safeguard itself from external threats.
• Today, Israel faces threats across the Golan Heights from Iran, Hezbollah, and other terrorist groups in southern Syria.
• Israel would retain the Golan Heights in any possible future peace agreement because any agreement must account for Israel's need to protect itself from Syria and other threats emanating from Syria.

All of the points cited to in the Proclamation are true. Israel captured the Golan Heights in a defensive war in 1967. The importance of the Golan Heights to Israel's security was shown in 1973 when Israel repelled an invasion by Syria and held the strategically important position. Syria has been mired in a civil war for nearly a decade and is infested by nefarious actors with ambitions on the elimination of the State of Israel, including Syria itself, Iran, Hezbollah, Al Qaeda-affiliated groups, and the Islamic State. Were Israel to come to some sort of peace agreement with the Palestinians, it would not involve a Palestinian State in the Golan Heights. Israel could not agree to a deal where it would cede the Golan Heights to Syria, run by a brutal dictator who has worked with terror groups and used chemical weapons against his own civilians. Thus, Israel captured Golan Heights in a defensive war, continues to need the position for its defense, has administered the area far more justly than Syria had, and would not give up the region in any plausible peace accord. Israel is the United States' most steadfast ally in the Middle East in the fight against Islamist terror.

To be sure, Golan Heights has been a de facto part of Israel for over five decades and was going to remain so regardless of whether the United States or any other country recognized it as such. However, in light of the above points and that Israel's holding the Golan Heights is not only a fact, but also in the national interest of the United States, President Trump's decision to formally recognize the Golan Heights as part of Israel is pragmatic, wise, and just.

President Trump's Proclamation is the second historic document that he has signed regarding Israel's territorial integrity. For those who are interested, please see my 2017 post on his decision to recognize that Jerusalem is the capital of Israel [see article].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

USCIS Publishes New Editions of Form I-539 and Form I-539A

On March 8, 2019, the United States Citizenship and Immigration Services (USCIS) published a new and revised edition of the Form I-539, Application to Extend/Change Nonimmigrant Status [PDF version]. Starting on March 22, 2019, the March 8, 2019 edition of the Form I-539 will be the only acceptable edition of the Form I-539. Thus, any prior edition of the Form I-539 filed on or after March 22, 2019, will be rejected.

Along with the new edition of the Form I-539, the USCIS also published a new edition of the Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status. The new edition of the Form I-539A is also dated March 8, 2019.

The USCIS listed several important changes on the new editions of the Form I-539 and I-539A (quoted from news release):

• Every co-applicant included on the primary applicant's Form I-539 must submit and sign a separate Form I-539A, which will be available on the Form I-539 webpage on March 8. Parents or guardians may sign on behalf of children under 14 or any co-applicant who is not mentally competent to sign.
• Every applicant and co-applicant must pay an $85 biometric services fee, except certain A, G, and NATO nonimmigrants as noted in the new Form I-539 instructions to be published on March 8.
• Every applicant and co-applicant will receive a biometric services appointment notice, regardless of age, containing their individual receipt number. The biometric services appointments will be scheduled at the Application Support Center (ASC) closest to the primary applicant's address. Co-applicants who wish to be scheduled at a different ASC location should file a separate Form I-539.

The USCIS made clear that it will reject any revised Form I-539 that is missing any of the required signatures or biometrics fees. This includes supplemental Forms I-539A as well.

The Form I-539 is one of the most common immigration forms. For this reason, it is important for nonimmigrants to be aware of the new edition. We discuss change of nonimmigrant status in a full article [see article]. To learn about specific nonimmigrant categories which utilize the Form I-539, please see our website's growing article selections on travel visas [see category], work visas [see category], and student visas [see category].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com